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PC Resolution-09-04-28-02PC RESOLUTION NO. 09-04-28-02 CONTROLARCHITECTURAL ..... (AC) 09-007 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA APPROVING A NEW 7,216 SF. STRUCTURE WHICH WILL HOUSE 15 SERVICE BAYS, OFFICES AND TOOL AND PARTS STORAGE ON A 7.02 ACRE PARCEL LOCATED AT 33555 CAMINO CAPISTRANO, GENERALLY LOCATED ON THE WEST SIDE OF CAMINO CAPISTRANO BETWEEN AVENIDA AEROPUERTO AND STONEHILL DRIVE., MORE SPECIFICALLY REFERRED TO AS APN 121-240-19 (WESLEOH NISSAN) WHEREAS, Weseloh and Sons Chevrolet owner of real property described as Assessor Parcel Number 121-240--19 located at 33555 Camino Capistrano, San Juan Capistrano WHEREAS, John Morgan, representative of Wesloh and Sons Chevrolet has requested approval of Architectural Control (AC) 09-007 to allow a new 7,216 sf. structure which will house 15 service bays, an offices and tool and parts storage on a 7.02 acre parcel located at 33555 Camino Capistrano, generally located on the west side of Camino Capistrano between Avenida Aeropuerto and Stonehill Drive., more specifically referred to as APN 121-240-19 and is General Plan -designated Quasi Industrial and classified as Commercial Manufacturing on the Official Zoning Map; and, WHEREAS, the proposed project has been processed pursuant to Section 9- 2.301, Development Review of the Land Use Code; and, WHEREAS, the Environmental Administrator has reviewed the project pursuant to Section 15061 of the California Environmental Quality Act (CEQA) and determined that the project qualifies for a Class 3 categorical exemption, and will cause the Notice of Exemption to be posted pursuant to Section 15061(d) of the CEQA Guidelines which provides that "the notice shall not be filed with OPR or the county clerk until the project has been approved;" and, Whereas, the Planning Commission has considered the Environmental Administrator , s determination pursuant to Section 15074 of the California Environmental Quality Act (CEQA), has considered all project environmental documentation and technical studies ; and,' WHEREAS, the Planning Commission conducted a duly -noticed public hearing on April 28, 2009 pursuant to Title 9, Land Use Code, Section 9-2.335, City Council Policy 5, and Planning Department Policy 510 to consider public testimony on the proposed project and has considered all relevant public comments. NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of the City of San Juan Capistrano does hereby make the following findings: PC Resolution 09-04-28-02 2 April 28, 2009 The proposed project is located in the Commercial Manufacturing zone district and meets or exceeds all applicable development standards. Further the proposed addition does not create a deficit in parking and still retains it's conformance with the Municipal Code. The proposed site is not located within a specific plan or comprehensive development plan. Therefore, because the project is consistent with the applicable base and supplemental district standards and is not subject to specific plan or comprehensive development plan, it is found to be consistent with Title 9 Land Use Code of the San Juan Capistrano Municipal Code; and, 2. The property is located within the Quasi Industrial General Plan Designation. This designation provides for various types of commercial uses, including vehicle sales. The Quasi Industrial Designation allows for a maximum FAR of 0.40:1 and an average FAR of 0,30:1, the proposed project would have a FAR of 0.18:1. The proposed project is in fill development that is architecturally consistent with the existing building's onsite. Because the proposed project's use, FAR, and design are consistent with the applicable goals, policies, and objectives of the applicable elements of the General Plan, it is found to be consistent with the General Plan; and, 3. The subject property is 7.02 acres and is a rectangular shape. The proposed site plan demonstrates that all necessary setbacks are maintained. Additionally the internal circulation effectively provides safe vehicular and pedestrian paths of travel. The parking of the facility provides adequate storage and display areas, as well as parking for employees and customers. Because the proposed site plan demonstrates that all parking, setback, and circulation requirements are adhered to, the site is found to be adequate in size and shape; and, 4. The function of the proposed structure is for storage and maintenance. The Design Guidelines requires that all such facilities should not be located near or oriented to residential areas and are concealed from public view. The proposed location of the service and storage building is not located near or directed to residential development. The nearest residential is located approximately 1,302 feet across San Juan Creek and approximately 1,000 feet north and is buffered by several existing dealerships. Further the proposed structure is located behind an existing building and is extensively screened from public areas, additional landscaping to be planted further reduces any potential impacts; and, 5. The proposed site plan has been reviewed by the City's Traffic engineer during the March 18, 2009 Development Advisory Board, and found no significant impacts however the potential for issues related to loading and unloading vehicles did present somewhat of an impact that requires a condition of approval requiring that all such activities be located internal to the site. Further the proposed structure's location does not create a fire lane issue as the structure is located a minimum of twenty feet from the other buildings. Pedestrian access and circulation is functional and safe and minimizes risks between vehicular and pedestrian traffic. Because the PC Resolution 09-04-28-02 3 Aril 28, 2009 proposed site plan provides safe and functional access and circulation for pedestrians and vehicular traffic it is found to satisfy this finding, and, 6. The surrounding existing land uses are of vehicle sales and large retail sales facility. The proposed surrounding land uses would be composed primarily of the Lower Rosan site, which is to be developed as a retail facility. The proposed use of a vehicle repair facility directly connected to an existing car dealership is consistent with these uses. Further the proposed height and massing of the structure is inline with the existing development. Through the use of the same building material and colors as well as finishing elements the proposed structure is architecturally consistent with the existing dealership buildings. Because the proposed use and design are consistent with surrounding existing and proposed uses and design, the proposed structure is found to satisfy this finding. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning Commission of the City of San Juan Capistrano hereby approves the project subject to those conditions of approval established by Exhibit A, attached hereto and incorporated herein. EFFECTIVE DATE & FINAL APPROVAL: This project approval shall become effective following expiration of the fifteen (15) day appeal period without filing of an appeal application. The appeal period shall expire at 5:00 p.m; Wednesday May 13, 2009 This project approval shall be valid for a period of two years from the date of approval of this resolution, and shall expire on <month day, and year> unless a time extension request or building/grading permit application related to this discretionary approval is submitted to the City prior to that date. PASSED, APPROVED AND ADOPTED this 28 day of April, 2009, by the following vote, to wit: AYES: Chairman Cohen, Commissioners Kerr, Tartarian, Mocalis, and Neely NOES: I i i ABSENT: Vice Chairwoman Ratcliffe and Commissioner Williams Sheldon Cohen, Chairman Q Grant Taylor, A stant Community Development Director RESOLUTION # 09-04-28-02 X01,11 I pikil Colislolljr-11 ZT617 1 PROJECT LOG #: Architectural Control (AC) 09-007 PROJECT NAME: Weseloh Nissan APPROVAL DATE: April 28, 2009 EFFECTIVE DATE: May 13, 2009 These conditions of approval apply to the above -referenced project application described in more detail below. For the purpose of these conditions, the term "applicant" shall also mean the developer, the owner or any successor(s) in interest to the terms of this approval. General Conditions: The subject project proposes a new 7,216 sf. structure which will house 15 service bays, an offices and tool and parts storage on a 7.02 acre parcel located at 33555 Camino Capistrano, generally located on the west side of Camino Capistrano between Avenida Aeropuerto and Stonehill Drive., more specifically referred to as APN 121-240-19 and is General Plan - designated Quasi Industrial and classified as Commercial Manufacturing on the Official Zoning Map. This project approval is based on and subject to the application materials prepared by Rick Guina dated and revised April 23, 2009 including site plan(s), building elevation(s), floor plan(s), and preliminary landscape plan(s). These plans and the proposed use of the project site are hereby incorporated by reference into this approval as submitted and conditioned herein, and shall not be further altered unless reviewed and approved by the affected city departments. Minor modifications to this project approval may be approved by the Community Development Director pursuant to Section 9-2.303, Administrative approvals of Title 9, Land Use Code, 2. Approval of this application does not relieve the applicant from complying with other applicable Federal, State. County or City regulations or requirements. 3. All plans, specifications, studies, reports, calculations, maps, notes, legal documents, and designs shall be prepared, stamped and signed, if required, only by those individuals legally authorized to do so. 4. The applicant shall defend, indemnify, and hold harmless the City of San Juan Capistrano and its officers, employees, and agents from and against any claim, action, or proceeding against the City of San Juan Capistrano, its officers, employees, or agents to attack, set aside, void, or annul any approval or condition of approval of the City of San Juan Capistrano concerning this project, including but not limited to any approval or condition of approval of the City Council, Community Development Commission, or City Planner. The City shall promptly notify the applicant of any claim, action, or proceeding concerning the project and the City shall cooperate fully in the defense of the matter. The City Resolution #09-04-28-02 Conditions of Approval AC 09-007 Weseloh Nissan Page 2 of 4 reserves the right, at its own option, to choose its own attorney to represent the City, its officers, employees, and agents in the defense of the matter. 5. The applicant shall be responsible for informing all subcontractors, consultants, engineers, or other business entities providing services related to the project of their responsibilities to comply with these conditions of approval and all pertinent requirements in the San Juan Capistrano Municipal Code, including the requirement that a business license be obtained by all entities doing business in the City. 6. _ Sign approval for the project is a separate process requiring the issuance of a sign permit and building permits, and is subject to review and approval by the Community Development Department and Building and Safety Department. 7. _ In the event that exhibits and written conditions are inconsistent, the written conditions shall prevail. If there are any disparities between these conditions and the plans or final revised plans that are approved for any subsequent phase, the conditions and/or plans as stipulated in the later approval shall prevail. 8. The use shall meet the standards and shall be developed within the limits established by the Municipal Code as related to emissions of. noise, odor, dust, vibration, wastes, fumes, or any public nuisances arising or occurring incidental to the establishment or operation. 9. The applicant shall pay all fees at the time fees are determined payable and comply with all requirements of the applicable federal, state, and local agencies. The duty of inquiry as to such requirements shall be upon the applicant. 10. All applicable approvals and clearance from other departments and agencies shall be on file with the Building and Safety Department prior to issuance of any permits, final inspections, utility releases and/or release of securities, as specified in these conditions. (B&S) 11. All vehicle repair and related services shall be limited to internal areas and shall not extend into open areas. The following conditions shall be completed prior to or in conjunction with the issuance of building permits: 12. Lot Line. --Ad justment. Prior to the submission of plans for plan check with the Community Development Department, Planning Division the applicant shall file for a lot line adjustment. Prior to the issuance of any building permit said lot line adjustment shall be approved and filed. 13. Applicable Codes. Prior to issuance of building permits, plans for this project shall be submitted to the Building and Safety Department for review and approval, and shall comply with the latest City -adopted edition of the applicable building codes. (B&S) 14. _ Building Construction Plans. Prior to issuance of building permits, the applicant shall submit final construction plans, building elevations and floor plans to the Building and Safety Department for review and approval by all applicable departments. Such plans shall be fully dimensioned and in substantial conformance with those plans approved by the Community Development Commission, Design Review Committee, and/or Community Development Director (as applicable). Plans shall address the following: (CD) Resolution #09-04-28-02 Conditions of Approval AC 09-007 Weseloh Nissan Page 3 of 4 a. The final conditions of approval shall be incorporated into the construction plans and shall be reproduced on the front page of the construction plans. b. Location and method of screening for all roof -mounted and building -mounted equipment shall be demonstrated on the elevations, including but not limited to kitchen exhaust vents, air conditioning and heating units, utility boxes, and backflow devices. All equipment shall be screened from public view and designed to be an integral component of the building design. All roof -mounted equipment shall be screened from view by parapet walls or other architectural means. The applicant shall demonstrate to the satisfaction of the City Planner that no roof -mounted equipment will be visible from the public right-of-way. Screening shall be compatible with main structures and include landscaping where appropriate, c. Elevations shall note that all exterior exposed gutters and downspouts must be painted to match the surface to which they are attached. d. Location of all building -mounted light fixtures shall be shown on the elevations. A detail of said fixtures shall be shown on the elevations, and fixtures shall be decorative and complementary to the building architecture. 15. _ Vehicle Loading/Unloading. Prior to the issuance of building permits the applicant shall provide a written description delineating the procedures of loading and unloading of vehicles. All activities shall be limited to areas on site. 16. _ OCFA Review of Architectural Building Plans. Prior to the issuance of a building permit, the applicant shall submit architectural plans for the review and approval of the Fire Chief if required per the "Orange County Fire Authority Plan Submittal Criteria Form.' Please contact the OCFA at (714) 573-6100 for a copy of the Site/Architectural Notes to be placed on the plans prior to submittal. (OCFA) The following conditions and requirements shall be met continuously during construction, following issuance of any grading & building permits and prior to issuance of any occupancy permits: 17. _ Compliance with approved plans. At all times during construction, the applicant shall ensure compliance with approved construction mitigation plans, including: (PW -ENG) a. Erosion Control Plan b. Haul Route Plan c. Traffic Control Plan d. Construction Debris Recycling Plan e. Temporary Use Permit for construction trailer and staging areas. (CD) 18. Pre -construction Meeting. Contractor shall attend a pre -construction meeting with the Building and Safety Division prior to commencement of any construction on the site. (PLN-B&S)* 19. Drainage Problems. During the entire grading a construction operation, the applicant shall adhere to the following conditions to address unforeseen drainage issues. (PW -ENG) a. If any drainage problem is identified or does occur during construction, the applicant shall provide and implement a solution acceptable to the City Resolution #09-04-28-02 Conditions of Approval AC 09-007 Weseloh Nissan Page 4 of 4 Engineer at no cost to the City, and submit a recorded instrument to insure the future of the solution. (PW -ENG) b. Any grading work beyond the limits of grading shown on the approved grading plans shall require a written approval from the City Engineering and Building Director and shall be subject to supplemental Geotechnical Soils Report and additional fees. (PW -ENG) 20. Waste Disposal and Sanitation. At all times during construction, the applicant shall maintain adequate sanitary disposal facilities and solid waste disposal containers on site. The accumulation of refuse and debris constituting a public nuisance is not permitted. (PW -ENG) 21. Construction hours. Construction hours shall be limited to 7:00 a.m. to 6.30:00 p.m., Monday through Friday and between 8:30 a.m. and 4:30 p.m. on Saturday. Construction activity shall not be permitted on Sundays or any Federal holiday.(CD) 22. Temporary Use,Permit. Applicant shall obtain a Temporary Use Permit for any construction trailer and staging areas for equipment and materials. (CD) The following ongoing conditions shall be complied with at all times after completion of the project. 23. Business License. The applicant, tenants, or successors in interest shall comply with the City's business license requirements. (CD) 24. Site Maintenance. The applicant shall maintain all portions of the site, including undeveloped areas, pursuant to Municipal Code requirements for property maintenance. (CD) 25. Noise. The applicant shall ensure that noise levels do not exceed levels permitted by Section 9-3.531. Noise standards (residential and non-residential) of the Municipal Code. (CD) 26. Future Parking Demand. In the event that future land uses require additional parking; the applicant must obtain the necessary land use approval that demonstrates that sufficient parking is being provided for all land uses within the building or on the property. (CD) Responsible Agencies: CD: Community Development Department CD-B&S: Community Development -Building & Safety PW -ENG Public Works -Engineering Division UTIL: Utilities Department OCFA: Orange County Fire Authority Appiica t A ceptance of Conditions of Approval: La i r Lo Applican n tore Date Applicant's name (print)